S.L. 425.10 Art. 2Interpretation. Cap. 425. Establishment of penalty system. S.L. 425.08

In this Order, unless the context otherwise requires:

"Act" means the Fisheries Conservation and Management Act;

"the Authority" means the Fisheries Control Directorate as established by the Act;

"IUU fishing" means fishing activities which are illegal, unreported or unregulated;

"illegal fishing" means fishing activities:

(a) conducted by national or foreign fishing vessels in the maritime waters under the jurisdiction of a state, without the permission of that state, or in contravention of its laws and regulations;

(b) conducted by fishing vessels flying the flag of states that are contracting parties to a relevant regional fisheries management organization, but which operate in contravention of the conservation and management measures adopted by that organization and by which those states are bound, or of relevant provisions of the applicable international law; or

(c) conducted by fishing vessels in violation of national laws or international obligations, including those undertaken by cooperating states to a relevant regional fisheries management organization; "unreported fishing" means fishing activities:

(a) which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations; or

(b) which have been undertaken in the area or competence of a relevant regional fisheries management organization and have not been reported, or have been misreported, in contravention of the reporting procedures of that organization; "unregulated fishing" means fishing activities:

(a) conducted in the area of application of a relevant regional fisheries management organization by fishing

*Repealed by Legal Notice 364 of 2022. vessels without a nationality, by fishing vessels flying the flag of a state not party to that organization or by any other fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organization; or

(b) conducted in areas or for fish stocks in relation to which there are no applicable conservation or management measures by fishing vessels in a manner that is not consistent with state responsibilities for the conservation of living marine resources under international law;

"VMS data" or "vessel monitoring system data" means data on the fishing vessel identification, geographical position, date, time, course and speed transmitted by satellite-tracking devices installed on board fishing vessels to the fisheries monitoring center of its flag state.

a 3. (1) A penalty system shall apply for every person who is the holder of a fishing license issued pursuant to the Act for a Maltese fishing vessel and to the Master of such vessel so licensed.

(2) Any such license holder and Master who does not comply with any restriction or obligation relating to sea fishing contained in the Act or in any of the Conventions to which the Enforcement of Sea Fishing Conventions Order applies shall be guilty of an offence against the Act.

(3) Any such license holder and Master having committed or having been held liable for an offence, that is shown to be serious in terms of the Act or the Convention from which it arises and which is listed as such in the Schedule to this Order, shall in addition to any other penalty to which he may be liable under any other law, be assigned points for the serious infringement.